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Two reimbursed fees in ethics case

One current and a former commissioner had defended themselves against ethics complaints.

By SHEILA MULLANE ESTRADA
Published September 17, 2006

ST. PETE BEACH -- Two commissioners were reimbursed Wednesday for legal fees incurred while fighting ethics charges filed against them this year.

Commissioner Deborah Nicklaus and former Commissioner Deborah Martohue will be paid $1,719.43 and $5,544.48, respectively, under a city policy that calls for reimbursement relating to "performance of official duties while serving a public purpose."

City Attorney Timothy Driscoll strongly advised the commission to pay the legal fees, arguing that the state Ethics Commission's decision last spring not to follow up on its finding of probable cause was legally a dismissal.

The action was controversial and prompted a long line of residents who both praised and castigated the commission for considering paying Nicklaus and Martohue for their costs in defending themselves before the Ethics Commission.

Both were accused last year of ethics violations by Harry Metz, an activist also associated with Citizens for Responsible Growth, which has forced a November referendum on multiple development issues.

Metz said both were "guilty" and held up a CD recording of the Ethics Commission, urging the commission and audience to listen to it.

Some residents questioned the "fourfold" higher legal bill, while others urged the commission to pay the legal fees.

"It is quite chilling to think that a public official who works in the best manner possible, and if they make mistakes, may be found culpable and have to pay their own fees," said resident James Ayers.

Martohue was charged with four counts of unethical behavior. One involved an alleged conflict of interest, and three involved votes she took as a commissioner. The Ethics Commission dismissed two of the charges but found probable cause for the other two.

Martohue, who is a lawyer, declined an opportunity to argue her case in a further hearing, and the commission decided to take no further action.

Driscoll said Martohue represented herself and was entitled to be reimbursed for her time at the rate of $200 an hour, as well as for related expenses and travel costs. He did, however, reduce the $7,060 reimbursement originally requested by the former commissioner.

The two charges against Nicklaus involved an alleged financial disclosure violation and a possible voting conflict. The commission similarly dismissed the first charge; while finding probable cause on the second, it declined to take further action.

Nicklaus hired a lawyer to represent her, and according to Driscoll "got the bargain of the year."

Several times during the debate, Driscoll told the commission and the audience that it was not "appropriate" to retry the charges against Martohue.

The City Commission split 3-2 (Michael Finnerty and Ed Ruttencutter opposed) on approving Martohue's reimbursement. They voted unanimously, however, to approve Nicklaus' reimbursement. Nicklaus did not vote.

Both Finnerty and Ruttencutter argued that the Ethics Commission's failure to pursue its finding of probable cause against Martohue was not a "not guilty" verdict.

[Last modified September 16, 2006, 20:20:17]